[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket No. 05000170; NRC-2020-0258]

In the Matter of Armed Forces Radiobiology Research Institute

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order

confirming commitments agreed upon during an Alternate Dispute Resolution mediation

session with the Armed Forces Radiobiology Research Institute (AFRRI). The NRC

determined that an apparent violation of NRC regulations, occurred as identified during

an investigation completed on February 27, 2020, by the NRC’s Office of Investigations.

The Order is effective on the date of issuance.

DATES: The Confirmatory Order became effective on November 19, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0258 when contacting the NRC

about the availability of information regarding this document. You may obtain publicly

available information related to this document using any of the following methods:

Federal Rulemaking Web Site: Go to https://www.regulations.gov and

search for Docket ID NRC-2020-0258. Address questions about Docket IDs in

Regulations.gov to Jennifer Borges; telephone: 301-287-9127; e-mail:

Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the

FOR FURTHER INFORMATION CONTACT section of this document.

NRC’s Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAMS Public

Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the

search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please

contact the NRC’s Public Document Room (PDR) reference staff at 1-800-397-4209,

301-415-4737, or by e-mail to pdr.resource@nrc.gov. Order EA-20-056, issued to

This document is scheduled to be published in theFederal Register on 11/24/2020 and available online atfederalregister.gov/d/2020-25981, and on govinfo.gov

AFRRI on November 19, 2020, is available in ADAMS under Accession No.

ML20303A211.

Attention: The PDR, where you may examine and order copies of public

documents is currently closed. You may submit your request to the PDR via e-mail at

PDR.Resource@nrc.gov or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m.

(EST), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nicole Coleman, Office of Enforcement,

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-

287-9007, email: Nicole.Coleman@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

Dated: November 19, 2020.

For the Nuclear Regulatory Commission.

George A. Wilson, Director, Office of Enforcement.

ATTACHED – Confirmatory Order.

UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSION

In the Matter of ) Docket No.: 05000170 ) License No.: R-84Armed Forces Radiobiology Research Institute )Bethesda, Maryland ) EA-20-056

CONFIRMATORY ORDER MODIFYING LICENSEEFFECTIVE UPON ISSUANCE

I

Armed Forces Radiobiology Research Institute (AFRRI or Licensee) is the holder

of License No. R-84, issued by the U. S. Nuclear Regulatory Commission (NRC or

Commission) pursuant to Part 50 of Title 10 of the Code of Federal Regulations (10

CFR). The license authorizes the operation of AFRRI Research Reactor (facility) in

accordance with conditions specified therein. The facility is located on the Licensee’s

site in Bethesda, Maryland.

This Confirmatory Order (CO) is the result of an agreement reached during an

Alternative Dispute Resolution (ADR) mediation session conducted on September 18,

2020, to address an apparent violation.

II

On February 27, 2020, the NRC’s Office of Investigations (OI), issued a report (1-

2019-003) related to AFRRI. Based on the evidence developed during its investigation,

the NRC identified an apparent violation of 10 CFR § 50.7, “Employee protection.” The

NRC determined that AFRRI placed an AFRRI employee on a 2-day suspension without

pay on May 14, 2018, in part, for engaging in protected activity. By letter dated June 8,

2020, the NRC notified AFRRI of the results of the investigation with an opportunity to

(1) attend a pre-decisional enforcement conference or (2) to participate in an ADR

mediation session in an effort to resolve this concern.

In response to the NRC’s offer, AFRRI requested the use of the NRC’s ADR

process to attempt to resolve this issue with the NRC. On September 18, 2020, the

NRC and AFRRI conducted an ADR session mediated by a professional mediator,

arranged through Cornell University’s Scheinman Institute on Conflict Resolution. The

ADR process is one in which a neutral mediator, with no decision-making authority,

assists the parties in reaching an agreement to resolve any differences regarding the

dispute. This CO is issued pursuant to the agreement reached during the September

18, 2020, ADR session.

III

During the ADR session, AFRRI and the NRC reached a preliminary settlement

agreement. The elements of the agreement included (1) corrective actions that AFRRI

has already completed to improve the nuclear safety culture and safety conscious work

environment (SCWE) at the facility (provided to the NRC during the September 18,

2020, ADR session), (2) agreed upon future actions, and (3) general provisions.

Previously Completed Corrective Actions:

1. Conducted industry-led AFRRI leadership SCWE training.

2. Conducted three industry-led AFRRI employee SCWE training sessions.

3. Established a SCWE Working Group to ensure employee involvement and

capture employee insights during the development of the AFRRI SCWE program.

4. Appointed a Safety Culture Program Officer.

5. Issued an email communication from the AFRRI Director to all AFRRI staff

encouraging participation in the SCWE training and the command climate survey

by the Uniformed Services University (USU) Brigade leadership.

6. Issued a message from the newly appointed Safety Culture Program Officer to all

AFRRI staff emphasizing leadership’s focus on safety and mechanisms for

reporting concerns.

7. Participated in monthly National Organization of Test, Research, and Training

Reactors (TRTR) calls, and registered several AFRRI staff for the upcoming

annual conference.

8. Solicited feedback from AFRRI staff regarding the ongoing command climate

survey to serve as a baseline for future safety improvement metrics.

Agreed Upon Future Actions:

A. Communication

1. Within 60 calendar days of issuance of the CO, the Uniformed Services

University (USU) President shall issue a written statement, communicating

the specific strategy to improve AFRRI’s nuclear safety culture.

a. The communication is to include (1) a brief summary regarding the

employee protection regulations, (2) the NRC’s concerns expressed in

its March 2020 chilling effect letter, (3) specific lessons learned from

previously applied corrective actions, and (4) corrective actions both

taken and planned.

b. USU shall provide a copy of this communication to the NRC for prior

review.

c. NRC shall provide comments within 1 week of receipt of the draft

communication.

2. Within 90 calendar days of the USU President’s statement, AFRRI shall hold

an all-hands meeting for management to discuss the importance of the

above communication with AFRRI employees.

a. AFRRI shall conduct the all-hands meeting on multiple levels of

management (i.e., Director level, Department head) with current

employees. AFRRI employees must attend at least one of the all-

hands meetings.

b. AFRRI shall require participants to sign in, confirming their

attendance. Employees unable to attend an in-person/virtual meeting

shall complete a “Read and Sign” training.

c. Future employees shall complete a “Read and Sign” training.

B. Safety Culture and Safety Conscious Work Environment

1. Within 150 calendar days of issuance of the CO, AFRRI shall ensure its

nuclear safety culture policy, guidance and related materials are in place

and updated.

a. Ensure a distinct and comprehensive safety culture policy is updated,

maintained and consistent with the NRC’s March 2011 Safety Culture

Policy Statement and associated traits.

b. The safety culture policy shall include specific definitions for key

safety culture terms, including examples of what constitutes a

protected activity and safety/security concern(s).

c. The policy shall incorporate guidance from NUREG 2165, “Safety

Culture Common Language,” and the industry’s common language

initiative (i.e., INPO 12-012, Revision 1, April 2013).

d. Copies of policy statement revisions, guidance and related materials

shall be provided to the NRC for review at least 60 calendar days prior

to issuance.

e. NRC will provide comments to AFRRI within 2 weeks.

f. Within 45 days of receiving communication that the NRC review is

complete, AFRRI will either incorporate NRC comments or provide

acknowledgement of NRC comments and why comments were not

incorporated.

g. AFRRI will distribute copies of these documents and materials to

employees and inform employees where all related materials can be

located. These materials shall be maintained and provided to all new

employees during initial orientation.

h. AFRRI shall require employees to confirm their receipt of the

materials by completing a “Read and Sign”.

2. Within 180 calendar days of issuance of the CO, AFRRI shall establish a

nuclear SCWE program.

a. AFRRI shall ensure that the SCWE program is consistent with the

NRC Safety Conscious Work Environment Policy Statements and

associated guidance (i.e., the NRC’s May 1996 Safety Conscious

Work Environment Policy Statement, and the NRC’s Regulatory Issue

Summary 2005-18, “Guidance for Establishing and Maintaining a

Safety Conscious Work Environment”).

b. Initial SCWE Program documents (guidance and related materials)

shall be provided to the NRC review at least 60 calendar days prior to

issuance.

c. Within 2 weeks of receiving the documents, NRC will provide

comments to AFRRI.

d. Within 45 days of receiving communication that the NRC review is

complete, AFRRI will either incorporate NRC comments or provide

acknowledgement of NRC comments and why comments were not

incorporated.

e. AFRRI shall make NRC aware of any revisions to SCWE program

documents and make the revisions available for NRC review, upon

request. This requirement is limited to the initial 2 years of program

establishment.

f. AFRRI will distribute copies of these documents and materials to

employees and inform employees where all related materials can be

located. These materials shall be maintained and provided to all new

employees during initial orientation.

g. AFRRI shall require employees to confirm their receipt of the

materials by completing a “Read and Sign.”

h. Within this program, AFRRI shall document the requirements related

to the Nuclear Safety Culture Program Officer to include the following:

i. The Safety Culture Program Officer (Program Officer) function

will report directly to the AFRRI Director.

ii. The Program Officer shall complete specific training, addressing

topics such as intake of allegations/safety concerns and trending

of concerns (e.g., Employee Concerns Program (ECP) basics

course NAECP’s ECP basics course, or similar training). This

training shall be completed within 180 days of designation as the

Program Officer.

iii. The Program Officer shall assist the AFRRI Director in the

management and execution of the SCWE program to include the

intake and processing of reported safety concerns.

iv. The Program Officer shall review AFRRI communications related

to safety culture messaging and provide feedback to the AFRRI

Director.

v. The Program Officer shall encourage better communication

between nuclear materials safety and security committees

associated with AFRRI.

C. Training

1. By no later than 180 calendar days after the issuance of the CO, AFRRI shall

develop and/or revise its employee protection, nuclear safety culture and

safety conscious work environment training for all AFRRI employees.

a. Training shall include the following areas:

i. Case studies of discriminatory practices;

ii. Definitions of key industry terms/common language;

iii. Behavioral expectations with regard to each nuclear safety

culture traits;

iv. Expectations for demonstrating support for raising nuclear safety

concerns and all available avenues without fear of retaliation; and

v. A statement that all employees have the right to raise nuclear

safety concerns to USU/AFRRI, the NRC and Congress, or

engage in any other type of protected activity without fear of

being subject to disciplinary action or retaliation, as well as,

provide a list of available reporting avenues.

2. Supervisory Training: In addition to the content areas described within

paragraph C.1 above, supervisory training shall also include expectations

specific to the role of management and include specific discussion on how to

(1) effectively manage safety concerns and (2) ensure employees feel

comfortable raising concerns.

a. If AFRRI conducts the initial training, the training will be performed

by AFFRI employees trained by the team who developed the training

at AFRRI or the organization who developed the program.

b. The supervisory training shall be completed within 180 calendar

days after the issuance of the CO.

c.Refresher training:

i. Shall be primarily instructor led and be provided at least every 2

years for a period of 4 years. This training may be provided by

AFRRI staff.

ii. Thereafter, refresher training may be computer-based and shall

be provided annually.

d. AFRRI shall conduct instructor-led training for any new

supervisors hired after the initial training conducted as described in

paragraphs 1 and 2 above, as part of the supervisor’s initial training.

e. Training records shall be retained for 4 years after the completion

of applicable training and made available to the NRC upon request.

f. All training material shall be available to the NRC upon request.

3. Employee (Non-Supervisory) Training: Initial training, developed in paragraph

C.1 above, shall be conducted by AFRRI employees trained by the team who

developed the training at AFRRI.

a. All employee training shall commence within 180 calendar days after

the issuance of the CO.

b. All training must be completed within 330 calendar days of the

issuance of the CO.

c. Refresher training may be computer-based and shall be provided

annually.

d. Training will primarily be instructor-led for new employees as part of

their orientation program/process.

e. Training records shall be retained for 4 years after the completion of

applicable training and made available to the NRC upon request.

f. All training material shall be available to the NRC upon request.

4. This training is applicable to all AFRRI employees and management who are

engaged in work associated with NRC-regulated activities.

5. AFRRI shall provide all training materials to the NRC for review at least 60

calendar days prior to conducting training.

a. NRC will provide comments to AFRRI within 2 weeks of receipt.

b. Within 45 days of receiving communication that the NRC review is

complete, AFRRI will either incorporate NRC comments or provide

acknowledgement of NRC comments and why comments were not

incorporated.

D. Assess and Monitor Nuclear Safety Culture and Safety Conscious Work

Environment

1. By no later than 18 months after the issuance of the CO, AFRRI shall hire a

third-party independent organization and complete a tailored comprehensive

nuclear safety culture assessment to ensure the effectiveness of the nuclear

safety culture and SCWE programs.

a. The assessment will evaluate all program components, including

insights from employee surveys, anonymous reports, interviews and

the conduct of focus groups to assess effectiveness of the programs.

b. AFRRI shall conduct the initial assessment within 1 year of the

establishment of the SCWE program.

c. AFRRI must address and implement corrective actions as a result of

the assessment report.

2. A follow-up assessment shall be conducted within 2 years after the initial

assessment. The follow-up assessment shall be comparable to the initial

assessment to allow for effective evaluation of trends. This assessment does

not require the use of a third-party organization.

3. AFRRI shall make available to the NRC, upon request, the results of the

assessments, surveys, AFRRI’s analysis of the trends, results and proposed

corrective actions (if any) AFRRI will take to address the results in order to

verify that a healthy nuclear safety culture and SCWE exists at AFRRI.

E. Independent Third-Party Organization

1. Within 120 calendar days of the issuance of the CO, AFRRI will hire a third-

party, independent organization to assist AFRRI with updates to its nuclear

safety culture policy and the establishment of its safety conscious work

environment program and associated tasks, as described within the CO.

AFRRI may utilize the same organization as described in paragraph D above.

a. The third-party organization shall be unrelated to the proceedings at

issue and experienced within NRC employee protection regulations,

Section 211 of the Energy Reorganization Act, as amended, and

nuclear safety culture and SCWE policies/programs.

b. AFRRI shall ensure they receive assistance from the third-party

organization for the following tasks:

i. Initial revisions/updates to AFRRI’s nuclear safety culture

policy, as AFRRI ensures consistency with NRC and industry

guidance;

ii. Establishment of AFRRI’s SCWE program; and

iii. Development and conduct of AFRRI’s initial Nuclear Safety

Culture and SCWE program assessment.

c. AFRRI will ensure the organization is provided with all materials to

comprehensively assist AFRRI, including NRC inspection reports

associated with AFRRI’s SCWE and the March 2020 CEL.

F. Work Process

1. Within 270 calendar days of the issuance of the CO, AFRRI will develop a

program for AFRRI employees to raise concerns.

a. The program shall include the following:

i. An electronic, telephonic, or physical reporting mechanism for

AFRRI employees to submit safety concerns. This

mechanism shall allow for both standard and anonymous

submission capability.

ii. A means to evaluate information collected through the

reporting mechanisms available, in order to analyze the data

over time, related to AFRRI’s nuclear safety culture.

iii. A means to ensure AFRRI’s nuclear safety culture and SCWE

policies, and associated guidance/materials, are readily

accessible for employee viewing.

iv. The opportunity for departing AFRRI employees to participate

in an exit interview/survey to facilitate identification of nuclear

safety issues, resulting trends and conclusions.

General Provisions

1. As part of its deliberations and consistent with the philosophy of the

Enforcement Policy, Section 3.3, “Violations Identified Because of Previous

Enforcement Action,” the NRC will consider enforcement discretion for

violations of the NRC Employee Protection Rules that occurred prior to or

during implementation of the corrective actions aimed at correcting that

specific condition as specified in the CO.

2. The NRC will not cite a violation or issue a civil penalty in connection with the

NRC’s June 8, 2020, letter to AFRRI.

3. This CO will not count as escalated enforcement in the civil penalty

assessment process for future cases, as long as the future action is not

related to the NRC Employee Protection Rule.

4. The Director, Office of Enforcement, may, in writing, relax or rescind any of

the above conditions upon demonstration by AFRRI of good cause.

5. The NRC agrees not to pursue any further enforcement action in connection

with the NRC’s June 8, 2020, letter to AFRRI.

6. In the event of the transfer of the operating license of AFRRI to another

entity, the terms and conditions set forth hereunder shall continue to apply to

AFRRI and accordingly survive any transfer of ownership or license.

On November 10, 2020, AFRRI consented to issuing this CO with the

commitments, as described in Section V below. AFRRI further agreed that this CO is to

be effective upon issuance, that the agreement memorialized in this CO settles the

matter between the parties, and that it has waived its right to a hearing.

IV

I find that AFRRI’s completed actions, as described in Section III above,

combined with the commitments as set forth in Section V, are acceptable and necessary

and conclude that with these commitments the public health and safety are reasonably

assured. In view of the foregoing, I have determined that public health and safety

require that AFRRI’s commitments be confirmed by this CO. Based on the above and

AFRRI’s consent, this CO is effective upon issuance.

V

Accordingly, pursuant to Sections 104c, 161b, 161i, 161o, 182, and 186 of the

Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR

2.202 and 10 CFR Part 50, IT IS HEREBY ORDERED, EFFECTIVE UPON ISSUANCE,

THAT License No. R-84 IS MODIFIED AS FOLLOWS:

A. Communication

1. Within 60 calendar days of issuance of the Confirmatory Order (CO), the

Uniformed Services University (USU) President shall issue a written

statement communicating the specific strategy to improve AFRRI’s nuclear

safety culture.

a. The communication is to include (1) a brief summary regarding the

employee protection regulations, (2) the NRC’s concerns expressed in

its March 18, 2020, chilling effect letter, (3) specific lessons learned

from previously applied corrective actions, and (4) corrective actions

both taken and planned.

b. USU shall provide a copy of this communication to the NRC for prior

review.

c. NRC shall provide comments within 1 week of receipt of the draft

communication.

2. Within 90 calendar days of the USU President’s statement, AFRRI shall hold

all-hands meetings for management to discuss the importance of the

communication, described within Section A.1 above, with AFRRI employees.

a. AFRRI shall conduct the all-hands meetings on multiple levels of

management (i.e., AFRRI Director, Department Heads), with current

employees. AFRRI employees must attend at least one of the all-

hands meetings.

b. AFRRI shall require participants to sign-in, confirming their

attendance. Employees unable to attend an in-person/virtual meeting,

shall confirm their receipt of the communication by completing a

“Read and Sign.”

c. Future AFRRI employees shall complete this requirement via a “Read

and Sign.”

B. Safety Culture and Safety Conscious Work Environment

1. Within 150 calendar days of issuance of the CO, AFRRI shall ensure its

nuclear safety culture policy (NSC Policy), guidance, and related materials

are in place and updated.

a. Ensure a distinct and comprehensive NSC Policy is updated,

maintained, and consistent with the NRC’s June 14, 2011, Safety

Culture Policy Statement and associated traits.

b. The NSC Policy shall include specific definitions for key safety culture

terms, including examples of what constitutes a protected activity and

safety/security concern(s).

c. The NSC Policy shall incorporate guidance from NUREG-2165,

“Safety Culture Common Language” and the industry’s common

language initiative (i.e., INPO 12-012, Revision 1, April 2013).

d. Copies of NSC Policy, guidance, and related materials shall be

provided to the NRC for review at least 60 calendar days prior to

issuance.

e. NRC will provide comments to AFRRI within 2 weeks of receipt of the

document(s)/material(s).

f. Within 45 days of receiving communication that NRC’s review is

complete, AFRRI will either incorporate NRC’s comments or provide

acknowledgement of NRC’s comments and state why NRC’s

comments were not incorporated.

g. AFRRI will distribute copies of the NSC Policy, guidance, and related

materials to AFRRI employees and inform AFRRI employees how to

access the documents and materials. These materials shall be

maintained and provided to all new AFRRI employees during initial

employee orientation.

h. AFRRI shall require both current and new AFRRI employees to

confirm their receipt of the NSC Policy, guidance, and related

materials by completing a “Read and Sign.”

2. Within 180 calendar days of issuance of the CO, AFRRI shall establish a

nuclear safety conscious work environment (SCWE) program.

a. AFRRI shall ensure that the SCWE program is consistent with the

NRC Safety Conscious Work Environment Policy Statement and

associated guidance (i.e., NRC’s May 14, 1996, policy statement

“Freedom of Employees in the Nuclear Industry to Raise Safety

Concerns Without Fear of Retaliation,” and the NRC’s Regulatory

Issue Summary 2005-18, “Guidance for Establishing and Maintaining

a Safety Conscious Work Environment”).

b. Initial SCWE program documents (guidance and related materials)

shall be provided to the NRC review at 60 calendar days prior to

issuance.

c. NRC will provide comments to AFRRI, within 2 weeks of receipt of the

documents.

d. Within 45 days of receiving communication that NRC’s review is

complete, AFRRI will either incorporate NRC’s comments or provide

acknowledgement of NRC’s comments and state why NRC’s

comments were not incorporated.

e. For a period of 2 years following the establishment of the SCWE

program, AFRRI shall inform NRC of any pending major revisions to

AFRRI’s SCWE program documents and make the revisions available

for NRC review upon request. Major revisions, for the purpose of this

CO condition, are considered to be, but not limited to,

removal/addition of any program element (i.e., avenues to report

safety concerns, program trending and analysis standards, etc.).

f. AFRRI will distribute copies of the SCWE program documents and

materials to AFRRI employees and inform AFRRI employees how to

access the documents and materials. These materials shall be

maintained and provided to all new AFRRI employees during initial

employee orientation.

g. AFRRI shall require both current and future AFRRI employees to

confirm their receipt of the materials by completing a “Read and Sign.”

h. Within the SCWE program, AFRRI shall document the requirements

related to the Safety Culture Program Officer (Program Officer) to

include the following:

i. The Program Officer function will report directly to the AFRRI

Director.

ii. The Program Officer shall complete specific training addressing

topics such as intake of allegations/safety concerns and trending

of concerns (e.g., National Association of Employee Concerns

Professionals’ (NAECP’s) Employee Concerns Program basics

course, or similar training). This training shall be completed

within 180 days of designation as the Program Officer.

iii. The Program Officer shall assist the AFRRI Director in

management and execution of the SCWE program to include the

intake and processing of reported safety concerns.

iv. The Program Officer shall review AFRRI communications related

to safety culture messaging and provide feedback.

v. The Program Officer shall encourage better communication

between nuclear materials safety and security committees

associated with AFRRI.

C. Training

1. Within 210 calendar days of issuance of the CO, AFRRI shall develop and/or

revise its employee protection, nuclear safety culture and safety conscious

work environment training for all AFRRI employees and supervisors.

a. Training shall include the following:

i. Case studies of discriminatory practices;

ii. Definitions of key industry terms/common language;

iii. Behavioral expectations with regard to each nuclear safety

culture trait as defined in NRC’s June 14, 2011, Safety Culture

Policy Statement;

iv. Expectations for demonstrating support for raising nuclear safety

concerns without fear of retaliation; and

v. A statement that all employees have the right to raise nuclear

safety concerns to USU/AFRRI, the NRC and Congress, or

engage in any other type of protected activity without being

subject to disciplinary action or retaliation, as well as, providing a

list of available reporting avenues.

2. Supervisory Training: In addition to the content areas described within

paragraph C.1.a above, supervisory training shall also include expectations

specific to the role of management and include discussion on (1) effectively

managing safety concerns and (2) ensuring employees feel comfortable

raising concerns.

a. The supervisory training shall be conducted by either the

independent third-party organization hired to assist AFRRI, as

described in paragraph E below, or AFFRI employees trained by

the independent third-party organization.

b. The initial supervisory training shall be completed within

210 calendar days after the issuance of the CO.

c.Refresher supervisory training:

i. Initial refresher training sessions shall be primarily instructor-led

and shall be provided to all supervisors at least every 2 years for

a period of 4 years from the issuance of the CO. This training

may be provided by AFRRI staff.

ii. Thereafter, refresher training may be computer-based and shall

be provided to all supervisors annually.

d. AFRRI shall conduct instructor-led training for any new

supervisors hired after the initial training, described in paragraphs

C.1 and C.2.b, as part of the supervisor’s initial training.

e. Training records shall be retained for 4 years after the

completion of applicable training and made available to the NRC

upon request.

f. All training material shall be made available to the NRC upon

request.

3. Employee (Non-Supervisory) Training: The initial AFRRI employee training

described in paragraph C.1 above shall be conducted by AFRRI employees

trained by the team who developed the training.

a. The initial AFRRI employee training shall be primarily instructor-led

and all AFRRI employee training shall commence within 180 calendar

days after the issuance of the CO.

b. All initial AFRRI employee training must be completed within 330

calendar days of the issuance of the CO.

c. Refresher employee training may be computer-based and shall be

provided to all AFRRI employees annually.

d. AFRRI shall conduct instructor-led training for any new AFRRI

employee hired after the initial training, described in paragraphs C.1

and C.3.a, as part of the employee’s orientation program/process.

e. Training records shall be retained for 4 years after the completion of

applicable training and made available to the NRC upon request.

f. All training material shall be made available to the NRC upon request.

4. The training described in paragraphs C.1, C.2 and C.3 is applicable to all

AFRRI employees and management who are engaged in work associated

with NRC-regulated activities.

5. AFRRI shall provide all initial training materials to the NRC for review at least

60 calendar days prior to conducting training.

6. NRC will provide comments to AFRRI within 2 weeks of receipt of the

documents.

7. Within 45 days of receiving communication that NRC’s review is complete,

AFRRI will either incorporate NRC’s comments or provide acknowledgement

of NRC’s comments and state why NRC’s comments were not incorporated.

D. Assess and Monitor Nuclear Safety Culture and Safety Conscious Work

Environment

1. By no later than 18 months after the issuance of the CO, AFRRI shall hire an

independent third-party organization and complete a tailored, comprehensive

nuclear safety culture assessment.

a. The assessment will evaluate all program components, including

insights from employee surveys, anonymous reports, interviews and

the conduct of focus groups to assess effectiveness of the program.

b. AFRRI shall conduct the initial assessment within 1 year of the

establishment of the SCWE program and the assessment must result

in a comprehensive report.

c. AFRRI must address and implement corrective actions as a result of

the assessment report.

2. A follow-up assessment shall be conducted within 2 years after the initial

assessment. The follow-up assessment shall be comparable to the initial

assessment, described in paragraph D.1, to allow for effective evaluation of

trends. This follow-up assessment does not require the use of an

independent third-party organization.

3. AFRRI shall make available to the NRC, upon request, the results of the

initial and follow-up assessments (including surveys and AFRRI’s analysis of

trends) and the proposed corrective actions (if any) AFRRI will take to

address the results, in order for the NRC to verify that a healthy nuclear

safety culture and SCWE exist at AFRRI.

E. Independent Third-Party Organization

1. Within 120 calendar days of the issuance of the CO, AFRRI will hire an

independent third-party organization to assist AFRRI with updates to its NSC

Policy and the establishment of its SCWE program and associated tasks, as

described within the CO. AFRRI may utilize the same organization as

described in paragraph D above.

a. The independent third-party organization shall be unrelated to the

proceedings at issue and experienced within NRC employee

protection regulations, Section 211 of the Energy Reorganization Act,

as amended, and nuclear safety culture and SCWE

policies/programs.

b. AFRRI shall receive assistance from the independent third-party

organization for the following tasks:

i. Initial revisions/updates to AFRRI’s NSC Policy, as AFRRI

ensures consistency with NRC and industry guidance, as

described in paragraph B.1;

ii. Establishment of AFRRI’s SCWE program, as described in

paragraph B.2; and

iii. Development and implementation of AFRRI’s initial Nuclear

Safety Culture and SCWE program assessment, as described

in paragraph D.1.

c. AFRRI will ensure that the independent third-party organization is

provided all materials to comprehensively assist AFRRI, including

NRC inspection reports associated with AFRRI’s SCWE and the

March18, 2020, Chilling Effect Letter.

F. Work Process

1. Within 270 calendar days of the issuance of the CO, AFRRI will develop a

program for AFRRI employees to raise nuclear safety and security

concerns.

a. The program shall include the following:

i. An electronic, telephonic or physical reporting mechanism for

AFRRI employees to submit nuclear safety or security

concerns. This mechanism shall allow for both standard and

anonymous submission capability.

ii. A means to evaluate information collected through the

available reporting mechanisms in order to analyze the data

related to AFRRI’s nuclear safety culture over time.

iii. A means to ensure AFRRI’s NSC Policy, SCWE program, and

associated guidance/materials are readily accessible for

employee viewing.

iv. The opportunity for departing AFRRI employees to participate

in an exit interview/survey to facilitate identification of nuclear

safety issues, resulting trends and conclusions.

In consideration for the actions and/or initiatives that AFRRI agrees to undertake,

as outlined above, the NRC agrees to the following:

1. As part of its deliberations and consistent with the philosophy of the

Enforcement Policy, Section 3.3, “Violations Identified Because of Previous

Enforcement Action,” the NRC will consider enforcement discretion for

violations with similar root causes (i.e., associated with the NRC Employee

Protection Rules) that occur prior to or during implementation of the

corrective actions aimed at correcting that specific condition as specified in

the CO.

2. The NRC will not cite a violation or issue a civil penalty in connection with the

NRC’s June 8, 2020, letter to AFRRI.

3. This CO will not count as escalated enforcement in the civil penalty

assessment process for future cases as long as the future action is not

related to the NRC Employee Protection Rules.

4. The NRC agrees not to pursue any further enforcement action in connection

with the NRC’s June 8, 2020, letter to AFRRI.

In the event of the transfer of the operating license of AFRRI to another entity,

the terms and conditions set forth hereunder shall continue to apply to AFRRI and

accordingly survive any transfer of ownership or license.

The Director, Office of Enforcement may, in writing, relax or rescind any of the

above conditions upon demonstration by AFRRI of good cause.

VI

In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person adversely

affected by this Confirmatory Order, other than AFRRI, may request a hearing within 30

calendar days of the date of issuance of this Confirmatory Order. Where good cause is

shown, consideration will be given to extending the time to request a hearing. A request

for extension of time must be made in writing to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of

good cause for the extension.

All documents filed in NRC adjudicatory proceedings, including a request for

hearing and petition for leave to intervene (petition), any motion or other document filed

in the proceeding prior to the submission of a request for hearing or petition to intervene,

and documents filed by interested governmental entities that request to participate under

10 CFR 2.315(c), must be filed in accordance with the NRC’s E-Filing rule

(72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012). The

E-Filing process requires participants to submit and serve all adjudicatory documents

over the internet, or in some cases to mail copies on electronic storage media. Detailed

guidance on making electronic submissions may be found in the Guidance for Electronic

Submissions to the NRC and on the NRC Web site at https://www.nrc.gov/site-help/e-

submittals.html. Participants may not submit paper copies of their filings unless they

seek an exemption in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, at least 10 days prior to

the filing deadline, the participant should contact the Office of the Secretary by e-mail at

hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital

identification (ID) certificate, which allows the participant (or its counsel or

representative) to digitally sign submissions and access the E-Filing system for any

proceeding in which it is participating; and (2) advise the Secretary that the participant

will be submitting a petition or other adjudicatory document (even in instances in which

the participant, or its counsel or representative, already holds an NRC-issued digital ID

certificate). Based upon this information, the Secretary will establish an electronic

docket for the hearing in this proceeding if the Secretary has not already established an

electronic docket.

Information about applying for a digital ID certificate is available on the NRC’s

public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once

a participant has obtained a digital ID certificate and a docket has been created, the

participant can then submit adjudicatory documents. Submissions must be in Portable

Document Format (PDF). Additional guidance on PDF submissions is available on the

NRC’s public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A

filing is considered complete at the time the document is submitted through the NRC’s

E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing

system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a

transmission, the E-Filing system time-stamps the document and sends the submitter an

e-mail notice confirming receipt of the document. The E-Filing system also distributes

an e-mail notice that provides access to the document to the NRC’s Office of the

General Counsel and any others who have advised the Office of the Secretary that they

wish to participate in the proceeding, so that the filer need not serve the document on

those participants separately. Therefore, applicants and other participants (or their

counsel or representative) must apply for and receive a digital ID certificate before

adjudicatory documents are filed so that they can obtain access to the documents via

the E-Filing system.

A person filing electronically using the NRC’s adjudicatory E-Filing system may

seek assistance by contacting the NRC’s Electronic Filing Help Desk through the

“Contact Us” link located on the NRC’s public Web site at https://www.nrc.gov/site-

help/e-submittals.html, by e-mail to MSHD.Resource@nrc.gov, or by a toll-free call at

1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and

6 p.m., Eastern Time, Monday through Friday, excluding government holidays.

Participants who believe that they have a good cause for not submitting

documents electronically must file an exemption request, in accordance with 10 CFR

2.302(g), with their initial paper filing stating why there is good cause for not filing

electronically and requesting authorization to continue to submit documents in paper

format. Such filings must be submitted by (1) first class mail addressed to the Office of

the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington,

DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express

mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike,

Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants

filing adjudicatory documents in this manner are responsible for serving the document on

all other participants. Filing is considered complete by first-class mail as of the time of

deposit in the mail, or by courier, express mail, or expedited delivery service upon

depositing the document with the provider of the service. A presiding officer, having

granted an exemption request from using E-Filing, may require a participant or party to

use E-Filing if the presiding officer subsequently determines that the reason for granting

the exemption from use of E-Filing no longer exists.

Documents submitted in adjudicatory proceedings will appear in the NRC’s

electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd,

unless excluded pursuant to an order of the Commission or the presiding officer. If you

do not have an NRC-issued digital ID certificate as described above, click “cancel” when

the link requests certificates and you will be automatically directed to the NRC’s

electronic hearing dockets where you will be able to access any publicly available

documents in a particular hearing docket. Participants are requested not to include

personal privacy information, such as social security numbers, home addresses, or

personal phone numbers in their filings, unless an NRC regulation or other law requires

submission of such information. For example, in some instances, individuals provide

home addresses in order to demonstrate proximity to a facility or site. With respect to

copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory

filings and would constitute a Fair Use application, participants are requested not to

include copyrighted materials in their submission.

The Commission will issue a notice or order granting or denying a hearing

request or intervention petition, designating the issues for any hearing that will be held

and designating the Presiding Officer. A notice granting a hearing will be published in

the Federal Register and served on the parties to the hearing.

If a person (other than AFRRI) requests a hearing, that person shall set forth with

particularity the manner in which his interest is adversely affected by this Confirmatory

Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f).

If a hearing is requested by a person whose interest is adversely affected, the

Commission will issue an order designating the time and place of any hearings. If a

hearing is held, the issue to be considered at such hearing shall be whether this

Confirmatory Order should be sustained.

In the absence of any request for hearing, or written approval of an extension of

time in which to request a hearing, the provisions specified in Section V above shall be

final 30 days from the date of this Confirmatory Order without further order or

proceedings. If an extension of time for requesting a hearing has been approved, the

provisions specified in Section V shall be final when the extension expires if a hearing

request has not been received.

For the Nuclear Regulatory Commission

Dated this 19th day of November 2020.

George A. Wilson, DirectorOffice of Enforcement

[FR Doc. 2020-25981 Filed: 11/23/2020 8:45 am; Publication Date: 11/24/2020]